Terms

By accessing this web site, you are agreeing to be bound by these
web site Terms and Conditions of Use, all applicable laws and regulations,
and agree that you are responsible for compliance with any applicable local
laws. If you do not agree with any of these terms, you are prohibited from
using or accessing this site. The materials contained in this web site are
protected by applicable copyright and trade mark law.

Limitations

In no event shall Syncrohost.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Syncrohost.com’s Internet site, even if Syncrohost.com or a Syncrohost.com authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials appearing on Syncrohost.com’s web site could include technical, typographical, or photographic errors. Syncrohost.com does not warrant that any of the materials on its web site are accurate, complete, or current. Syncrohost.com may make changes to the materials contained on its web site at any time without notice. Syncrohost.com does not, however, make any commitment to update the materials.

Links

Syncrohost.com has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Syncrohost.com of the site. Use of any such linked web site is at the user’s own risk.

Site Terms of Use Modifications

Syncrohost.com may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to Syncrohost.com’s web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

Products

Syncrohost offers electronic/hosting/digital/virtual products. We will not be held liable for any data lost/ stolen/compromised from Syncrohost’s server. We guarantee uptime service of 99.9% however there will be downtime for server updates, upgrades and repairs.

Offensive Content

You may not publish or transmit via Syncrohost’s service any content that Syncrohost reasonably believes:

is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Syncrohost; or

is otherwise malicious, fraudulent, or may result in retaliation against Syncrohost by offended viewers.

Content “published or transmitted” via Syncrohost’s service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Syncrohost.

Security

You must take reasonable security precautions. You may not provide free hosting services to your clients. You must protect the confidentiality of your password, and you should change your password periodically.

Bulk Commercial E-Mail

You must obtain Syncrohost’s advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to Syncrohost’s reasonable satisfaction:

Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;

Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;

You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and Syncrohost’s requests to produce consent evidence within 72 hours of receipt of the request.

The body of the e-mail must describe how the e-mail address was obtained, for example, “You opted in to receive this e-mail promotion from our Web site or from one of our partner sites,” and information on how to request evidence of the consent, for example, “If you would like to learn more about how we received your e-mail address please contact us at sales@syncrohost.com.

You have procedures in place that allow a recipient to easily revoke their consent â€“ such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;

You must post an sales@syncrohost.com e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;

You must have a Privacy Policy posted for each domain associated with the mailing;

You have the means to track anonymous complaints;

You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail; and You otherwise comply with the CAN SPAM Act and other applicable law.

These policies apply to messages sent using your Syncrohost service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Syncrohost service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

Syncrohost may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.

You must comply with the rules of any other network you access or participate in using your Syncrohost’s services.

Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

you have been expressly authorised by the owner of the copyright for the work to copy the work in that manner;

you are otherwise permitted by established United States copyright law to copy the work in that manner.

Syncrohost will terminate the service of repeat copyright infringers.

Copyright Infringement Notice (Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using the Syncrohost network, please send your notice of copyright infringement to sales@syncrohost.com.

Your notice must include the following:

A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Syncrohost to locate the material;

Information reasonably sufficient to permit Syncrohost to contact you, such as an address, telephone number, and, if available, an e-mail address;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, the copyright owner’s agent, or the law;

A statement that the information in the notification is accurate, and under penalty of perjury that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the Syncrohost network.

Disclaimer

Syncrohost is under no duty, and does not undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the Syncrohost network.

Internet Abuse

You may not engage in illegal, abusive, or irresponsible behaviour, including:

Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Syncrohost and its customers) without express authorisation of the owner of the system or network;

monitoring data or traffic on any network or system without the authorisation of the owner of the system or network;

Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;

Use of an Internet account or computer without the owner’s authorisation, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;

Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or

Any conduct that is likely to result in retaliation against the Syncrohost’s network.

Use of Syncrohost’s network in a way that unreasonably interferes with Syncrohost’s other customers use of the network

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.

We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.

We will only retain personal information as long as necessary for the fulfillment of those purposes.

We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

VPS Hosting Services

By ordering virtual private server services from Syncrohost, you (“you” or “Customer”) agree to the terms and conditions set forth herein. The provisions contained in these Terms and Conditions for Virtual Private Server Hosting Services (the “Agreement”) incorporate and are supplemental to Syncrohost’s General Terms and Conditions, by which you are also bound, to the extent they are not modified by this Agreement.

The Agreement governs the provision of virtual private server services (the “Services”) to the Customer by Syncrohost and certain administration and servicing thereof. The Services comprise making available for use by the Customer a partition on a commonly used server with certain, limited server functions granted to the customer via software control (hereafter, a “Virtual Server”). The Virtual Server is not a dedicated server, and access to certain functions of the system hardware and software are limited.

Syncrohost agrees to provide the use of a Virtual Private Server to Customer. Customer must pose the knowledge and expertise necessary to configure, maintain, monitor, and secure the Virtual Server. Syncrohost will maintain the hardware on which the Virtual Server is located for all openvz, KVM, Windows platform. Syncrohost does not provide phone or e-mail support or other technical assistance for the administration of the Virtual Server or otherwise related to the Services.

FEES

Fees for the Services shall be charged in accordance with the schedule of fees set and adjusted by Syncrohost from time to time. All updated rates will be posted on Syncrohost’s web site at http://syncrohost.com. Published fees include initial setup, first month fee and installation services as set by Syncrohost, and are non-refundable.

ADMINISTRATIVE ACCESS

Access to the Virtual Server is limited to you and your authorized agents. Syncrohost has limited access to the contents of your Virtual Server. Syncrohost reserves the right to require, at its discretion, software upgrades for the purposes of maintaining security and stability of the services provided and may require the installation of such upgrades. Standard fees for such upgrades shall be set by Syncrohost from time to time.

NETWORK DATA TRANSFER FEES

There shall be no charge for monthly aggregate or daily average network transfer within the allowance of the Virtual Server package purchased, depending on the terms agreed upon at purchase, as measured during any 30-day period. Monthly aggregate or daily average network traffic in excess of the pre-arranged allowance shall incur an additional fee as set by Syncrohost. Payment of this fee will be required in order to maintain service. Fees may be adjusted from time to time and as such will be updated at http://syncrohost.com

HARDWARE AND SOFTWARE CONFIGURATION

All Virtual Servers must use software configurations that conform to Syncrohost’s requirements. Use of any particular software configuration may be declined at the sole discretion of Syncrohost. If a customer is unsure of what’s acceptable, please open a ticket with support for clarification.

Syncrohost services and Virtual Servers may only be used for lawful purposes. Any use which violates any local, state, federal, or international laws which may apply to Syncrohost, Customer’s local jurisdiction, or any jurisdiction that Customer or Customer’s site may be subject to is strictly prohibited.

LIMITATIONS

While using a Syncrohost’s supplied Virtual Server, Customer will not:

Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws;

Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component;

Transmit any unsolicited commercial or bulk e-mail or engage in any activity known or considered to be “spamming” or “Mail Bombing”;

Use any Syncrohost’s Virtual Server or service to carry out, or assist in the carrying out of, any “denial of service” attacks on any other website or internet service.

You agree to fully defend and indemnify and hold harmless Syncrohost of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorney’s fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of Syncrohost in any way related to your use of the Syncrohost Services or any portion thereof.

You agree to fully defend and indemnify and hold harmless Syncrohost of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorney’s fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the Syncrohost Services or any portion thereof. Choice of counsel remains exclusively that of Syncrohost.

TERMINATION

Either party can terminate this Agreement upon 30 days’ written notice prior to the end of the then-current Contract Term. Syncrohost can terminate this contract for any reason upon thirty (30) days’ prior notice. Any such termination shall take effect at the end of the month after the end of the thirty-day notice period. Syncrohost reserves the right to terminate this contract without notice in the event that Syncrohost believes, in its sole discretion that you have breached any provision listed on this terms.

HARDWARE OWENERSHIP

All servers and other Equipment shall at all times remain the property of Syncrohost and are not subject to customer demands.

ALL SYNCROHOST SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

Customer understands that by placing information on a Virtual Server, depending on the configuration of the Virtual Server, such information may be accessible to all Internet users. Syncrohost does not limit or restrict access to such information, nor protect any such information from copyright infringement or other wrongful activity. Customer assumes full responsibility and risk for their use of the Virtual Server. It is the Customer’s sole responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, and other information, and the quality and merchantability of all merchandise, provided through Syncrohost or on the Internet generally.

Customer agrees not to maliciously or intentionally interfere with the proper operation of the server and network, including but not limited to defeating identification procedures, obtaining access beyond that which Customer is authorized for, and impairing the availability, reliability, or quality of service for other customers. Customer further agrees not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. Customer agrees to follow the Acceptable Use Policy of any network or service to which Customer connects.

Customer agrees to adhere to all system policies of Syncrohost, as such may be published by Syncrohost online from time to time, including restrictions on services available, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of the services of Syncrohost. Customer agrees to abide by any and all future policy decisions by Syncrohost.